| Citation(s) |
|---|
| 2024 SLG 6543 2024 SLD 6543 = 2024 YLR 1276 |
Sindh High Court
Civil Revision No. 19 of 2021, IInd Appeal No. 169 of 2020, C.M.A. No. 4096 of 2021, IInd Appeal No. 170 of 2020 and C.M. No. 4099 of 2021, decided on 16th August, 2023.
Before Mohammad Abdur Rahman, J
Hamza H. Hidayatullah and Ms. Omrazia Nadeem for Appellant (in IInd Appeals Nos. 169 and 170 of 2020). Syed Ehsan Raza for
Respondent No. 1 (in IInd Appeals Nos. 169 and 170 of 2020). Syed Ehsan Raza for
Respondent No. 2 (in IInd Appeals Nos. 169 and 170 of 2020). Syed Ehsan Raza for Appellant (in Civil Revision No. 19 of 2021). Hamza H. Hidayatullah and Ms. Omrazia Nadeem for
Respondents (in Civil Revision No. 19 of 2021).
Civil Revision No. 19 of 2021, IInd Appeal No. 169 of 2020, C.M.A. No. 4096 of 2021, IInd Appeal No. 170 of 2020 and C.M. No. 4099 of 2021, decided on 16th August, 2023.
Before Mohammad Abdur Rahman, J
Hamza H. Hidayatullah and Ms. Omrazia Nadeem for Appellant (in IInd Appeals Nos. 169 and 170 of 2020). Syed Ehsan Raza for
Respondent No. 1 (in IInd Appeals Nos. 169 and 170 of 2020). Syed Ehsan Raza for
Respondent No. 2 (in IInd Appeals Nos. 169 and 170 of 2020). Syed Ehsan Raza for Appellant (in Civil Revision No. 19 of 2021). Hamza H. Hidayatullah and Ms. Omrazia Nadeem for
Respondents (in Civil Revision No. 19 of 2021).
BHART LAL through Attorney---Appellant
VERSUS
MUHAMMAD YOUSUF POLANI and others---Respondents
Law: Specific Relief Act (I of 1877)
Section: 12,19
Law: Civil Procedure Code, 1908
Section: XLI,25,XLI,33
Specific Relief Act (I of 1877)-------Ss. 12 & 19---Civil Procedure Code (V of 1908), O.XLI, Rr. 25 & 33---Specific performance of agreement to sell---Compensation, awarding of---Framing of additional issue---Recording of additional evidence---Procedure--Appellant/plaintiff entered into agreement of purchase of suit property from respondent/defendant---At the time of execution of agreement to sell, the respondent/defendant handed over possession of suit property to appellant/ plaintiff---Trial Court and Lower Appellate Court without determining title of suit property dismissed suit and appeal filed by appellant/plaintiff on the ground that respondent/defendant did not have any title in suit property---Validity---In the event a finding would be given that title of respondent/defendant to suit property was deficient, the appellant/ plaintiff was to be indemnified to the extent of losses that had occurred to him on account of respondent's/defendant's improper title to suit property---To decide such fact and enforcement of such term available in the agreement between the parties, issue was to be determined in terms of S. 19 of Specific Relief Act, 1877---High Court in exercise of jurisdiction under O. XLI, R. 25, C.P.C. framed additional issues and remanded the matter to Trial Court for recording additional evidence on the issues so framed---High Court directed Trial Court to return the evidence together with its findings thereon and reasons thereof to High Court for decision on appeal---Second Appeal was remanded accordingly.North-West Frontier Province Government, Peshawar through Collector Abbotabad v. Abdul Ghaffor Khan through Legal heirs PLD 1993 SC 417; Mst.Resham Bibi v. Lal Din 1999 SCMR 2325; Taj Wali Shah v. Bakhti Zaman 2019 SCMR 84; Muhammad Yousaf v. Munawar Hussain 2000 SCMR 204; Syed Hakeem Shah (Deceased) through LR and others v. Muhammad Idrees 2017 SCMR316; Miss Ufera Memon v. Liquat University of Medical and Health Sciences (LUMAS) Jamshoro through Registrar PLD 2011 Kar. 400; Abdul Wahab Zaki v. Yousaf Hussain Khan and 5 others 1988 PCr.LJ 1507 and Rashid Ahmed v. Friends Match Works PLD 1989 SC 503 ref.Dates of hearing: 9th, 11th, 12th…